CHAMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Accused appellant Chama has preferred this appeal against judgment dated November 24, 1986, wherein he is held guilty under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in short, the Act by Shri N.C. Khichi, Additional Sessions Judge, Jalandhar, and is sentenced to undergo rigorous imprisonment for 10 years with a fine of Rs. 1 lac, in default of payment of fine with rigorous imprisonment for six months.

(2.) In a nutshell, the prosecution story is that on February 4,1986, Head Constable Gulzar Singh in the company of Constables Ram Dass and Mohan Singh left Police Station Nawanshahr for patrolling on cycles. They reached village Dharamkot at about 12 noon. On suspicion he conducted raid at the house of the accused. Accused was present there. On interrogation, accused disclosed that he had kept concealed and buried two bags of poppy husk in the Southern side of his residential room and would get the same recovered. This disclosure statement Exhibit PA was recorded by H.C. Gulzar Singh and was attested by Constables Mohan Singh and Ram Dass and was thumb marked by the accused. Thereafter accused took out those two bags of poppy husk Exhibits P-I and P-2 from the pointed place of concealment. 250 grams of poppy husk was separated from each bag and thus, sample parcels were prepared. Remaining poppy husk was also sealed separately with the seal impression of GS. On the samples also this seal was affixed. After use the seal was handed own to constable Mohan Singh. This contraband was seized vide seizure memo Exhibit PB. Ruqa Exhibit PC was sent to the Police Station. Consequently, AR Exhibit PC11 was recorded by SHO Gurpal Singh. Head Constable Gulzar Singh prepared rough site plan Exhibit P0, recorded statement of the witnesses and came back to the police station along with the contraband and the accused. The seized poppy husk and the separated sample packets were deposited with MHC Jasbir Singh on the same day. On February 6, 1986, samples were sent by MHC Jasbir Singh through Jagtar Singh to Assistant Chemical Examiner for analysis. On analysis, Assistant Chemical Examiner, Amritsar, opined that both the packets contained poppy husks. On these facts, accused was charge sheeted.

(3.) During trial, prosecution examined Constable Mohan Singh PW 1 and Head Constable Gulzar Singh PW 2. Affidavits of MHC Jasbir Singh and of Constable Jagtar Singh were tendered in evidence. Report of the Chemical Examiner Exhibit PE was also tendered in evidence.